Competition Commission v Del Transport CC t/a De Langes Transport (020735) [2015] ZACT 17 (2 March 2015)

Competition Commission v Del Transport CC t/a De Langes Transport (020735) [2015] ZACT 17 (2 March 2015)

The Tribunal confirms the consent agreement between the Competition Commission and Del Transport CC t/a De Langes Transport, finding that the respondent admitted to engaging in collusive tendering in contravention of section 4(1)(b)(iii) of the Competition Act. The agreement includes an administrative penalty of R210,415.45, payable in eight quarterly instalments over 24 months, with interest on outstanding balances. The respondent undertakes to cooperate with the Commission, implement a compliance programme, and refrain from future contraventions. The Tribunal is satisfied that the consent agreement is consistent with the Act and serves the public interest by promoting compliance and...

Citation
[2015] ZACT 17
Parties
Applicant: Competition Commission; Respondent: Del Transport CC t/a De Langes Transport
Court
Competition Tribunal
Jurisdiction
South Africa
Judgment Date
2 March 2015
Case Number
020735
Procedural Posture
Consent Order Application / Order Confirming Consent Agreement
Outcome
Consent agreement confirmed as an order of the Tribunal; administrative penalty imposed; proceedings between the Commission and Del Transport CC t/a De Langes Transport in respect of this conduct are concluded.
Judges
A Wessels, M Mazwai, M Mokuena
Legal Topics
Collusive Tendering, Administrative Penalty, Section 4 1 B Iii Contravention, Consent Agreement, Corporate Leniency Policy
Competition Law Collusive Tendering Administrative Penalty Section 4 1 B Iii Contravention Consent Agreement Corporate Leniency Policy

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Parties

Competition Commission

Applicant

Del Transport CC t/a De Langes Transport

Respondent

Procedural Posture

Consent Order Application / Order Confirming Consent Agreement

Legal Issues

  1. 1 Whether Del Transport CC t/a De Langes Transport contravened section 4(1)(b)(iii) of the Competition Act by engaging in collusive tendering.
  2. 2 Whether the consent agreement and administrative penalty are appropriate under the Competition Act.

Ratio Decidendi

The Tribunal confirms the consent agreement between the Competition Commission and Del Transport CC t/a De Langes Transport, finding that the respondent admitted to engaging in collusive tendering in contravention of section 4(1)(b)(iii) of the Competition Act. The agreement includes an administrative penalty of R210,415.45, payable in eight quarterly instalments over 24 months, with interest on outstanding balances. The respondent undertakes to cooperate with the Commission, implement a compliance programme, and refrain from future contraventions. The Tribunal is satisfied that the consent agreement is consistent with the Act and serves the public interest by promoting compliance and...

Court Disposition

Consent agreement confirmed as an order of the Tribunal; administrative penalty imposed; proceedings between the Commission and Del Transport CC t/a De Langes Transport in respect of this conduct are concluded.

Orders

  • The consent agreement and addendum between the Competition Commission and Del Transport CC t/a De Langes Transport are confirmed as an order of the Tribunal.
  • Del Transport CC t/a De Langes Transport shall pay an administrative penalty of R210,415.45 in eight equal quarterly instalments over 24 months, with interest on outstanding balances as specified.